- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more
1. This Order may be cited as the Employment Protection Act 1975 (Commencement No. 2) Order 1976.
2. The provisions of the Employment Protection Act 1975 specified in the Schedules hereto shall come into operation—
(a)in the case of the provisions mentioned in Schedule 1, on 8th March 1976; and
(b)in the case of the provisions mentioned in Schedule 2, on 20th April 1976.
3.—(1) Sections 99 and 100 shall not apply to any dismissal which, pursuant to a qualifying notice given before the date on which those sections come into operation, is to take effect before the expiry of the period of 90 days beginning with that date.
(2) In determining for the purposes of section 99(3) or section 100(1) whether an employer is proposing to dismiss as redundant 100 or more, or, as the case may be, 10 or more employees, no account shall be taken of employees whose proposed dismissals, pursuant to a qualifying notice given before the date on which those sections come into operation, are to take effect before the expiry of the period of 90 days beginning with that date.
(3) For the purposes of paragraphs (1) and (2) above a qualifying notice is a notice complying with the requirements of section 1(1) of the Contracts of Employment Act 1972 (rights of employee to minimum period of notice) and the relevant terms of the contract of employment.
(4) Section 99(3) shall not apply to any dismissal which is to take effect on or after the date on which section 99 comes into operation where consultation with trade union representatives began before that date.
(5) For the purposes of paragraph (4) above consultation shall not be taken to have begun unless the employer has disclosed in writing to the relevant trade union representatives the matters specified in paragraphs (a), (b) and (c) of section 99(5).
(6) In a case falling within paragraph (4) above section 100(1) shall have effect as if the words “at least 90 days” and “at least 60 days” in paragraphs (i) and (ii) respectively were omitted.
Michael Foot
Secretary of State for Employment
3rd February 1976
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: